Legal Opinion
Stillings v. City of Winston-Salem
Supreme Court of North Carolina
Decided August 28, 1984No. 488PA83PublishedCited by 16 opinions
1Opinion of the Court
MARTIN, Justice.
The primary question presented for review is a matter of first impression for this Court: Does an exclusive solid waste collection franchise granted by a county remain effective in areas subsequently annexed by a city and thereby entitle the franchisees to compensation for a taking when the city, pursuant to statutory mandate, begins providing its own garbage collection service? For the reasons stated here, we answer the question in the negative and conclude that the Court of Appeals erred in finding a “taking” requiring compensation by the City of Winston-Salem.
In essence,…
2Cases cited18 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Long v. City of CharlotteSupreme Court of North Carolina · 1982
- Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bagford v. Ephraim CityUtah Supreme Court · 1995
- Century Communications, Inc. v. Housing Authority of Wilson & Site, Inc.Supreme Court of North Carolina · 1985
- Delmarva Power & Light Co. v. City of SeafordSupreme Court of Delaware · 1990
- Twitty v. StateCourt of Appeals of North Carolina · 1987
- Laidlaw Waste Systems, Inc. v. City of PhoenixCourt of Appeals of Arizona · 1991
11 more not listed; retrieve them via the Exa API.